The terms of this agreement (“Terms of Services” or “Agreement”) govern the relationship between you and UrNovel, its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors (collectively, “UrNovel” or “We” or “Us”) and applies to your access to and use of our website and any other mobile applications, websites or any services related to app that are made available by UrNovel on the Apple App Store, Google Play App Store or on Facebook (collectively, the “Services”).
When you access the Services, you may be required to register an account (“Account”). When you register an Account or when you use or access our Services in any capacity, you represent that you are at least 13 years old (or at least 16, if you reside in the EU) and that you understand and agree to these Terms of Service. If you are under the age of 18, you agree that you have gotten permission from a parent or guardian to use our Services. If you access the Services through a Third-party platform like Apple, Google or from a Social Networking Site (“SNS”) such as Facebook or Google, you are obligated to comply with the third-parties’ terms and conditions as well as these Terms of Services.
Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated by reference into these Terms.
This is a legally binding agreement, and you should read it carefully. By installing, using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any of these terms, you may not install, use, or otherwise access our Services. Use of the Services is void where prohibited.
UrNovel reserves the right to amend, change, modify, add or remove portions of the Terms of Services and Privacy Policy at any time, at its sole discretion, by posting the updated version on its website and within the app. You will be deemed to have accepted such changes by continuing to use any of the Services. If at any point you do not agree to any portion of the current version of the Terms of Services or the Privacy Policy, then you must cease your use of the Services, and your license to use the Services will be immediately terminated. For your convenience, the date of last revision is included at the top of this page. UrNovel may make changes to the Services at any time or discontinue your access to the Services at any time without warning and without a refund of any kind. You understand and hereby agree that UrNovel may discontinue or restrict your use of the Services for any reason and without notice or compensation.
The Services are available for use only by authorized end-users in accordance with the terms and conditions set forth in this Agreement. UrNovel grants limitations provided herein to access and use the Service using a personal computer for the Service or a mobile device for the Apps solely for your individual, non-commercial entertainment purposes. Except as may be expressly permitted by UrNovel, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Service.
You shall not create an Account or access the Services if you are under the age of 13; you shall restrict use by minors; and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Services by minors and are responsible for any use of your credit card or other payment instrument by minors. If a user is under the age of 18 and over the age of 13, then only a parent or legal guardian may make an account for them, and the parent or legal guardian must consent to this Agreement and UrNovel’ privacy policy. UrNovel takes the privacy of children very seriously. If you have any reason to believe that the personal information of anyone under the age of 13 has been submitted to UrNovel, please contact us immediately and provide us the necessary information to delete it.
Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Services shall be construed as conferring any license to intellectual property rights. UrNovel reserves the right to determine whether one's conduct violates this Agreement, including the intent or spirit of the Terms of Services or the Services, at its sole discretion. UrNovel also reserves the right to take any action it deems appropriate as a result, which may include forbidding you access to the Services, terminating your account and/or limiting your access to the Services.
To access the Services, you may need to create a user Account, and you will be required to select a password (“Login Information”). You are responsible for all transactions in your Account, including, but not limited, to the use of your credit card and other payment systems. Thus, UrNovel strongly encourages you to keep your password safe and never to give your Account information to anyone else. If another user you share your Account with makes purchases on your Account with your purchase information, then you will be responsible for that purchase.
The terms of the licenses granted to you under this Terms of Services shall commence on the date you accept this Terms of Services and install or otherwise use the Services and end on the earlier date of either your disposal of the license or termination of this Terms of Services by UrNovel.
Without limitation to any other remedies, UrNovel may delete, suspend, terminate, limit or modify accounts or access to the services or any portions thereof if UrNovel suspects or if you have failed to comply with any of the Terms of Services, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you. Such actions may result in the loss of your account, information, persona, benefits and in-app purchases. UrNovel is not and will not be held responsible for any information, persona, rankings, benefits and losses incurred, and is under no obligation to compensate you for any of this.
UrNovel may also stop offering or supporting the Services, including, but not limited to, any particular app or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such an event, UrNovel shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued or terminated Services. Such actions may also result in termination of your Account, disabling of your access to the Services or any part thereof, including any content that may have or was in the process of being submitted.
All rights, title and interest in and to the Services (including, without limitation, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, methods of operation, moral rights, character profile information, virtual items, using a UrNovel client and server software) are owned solely by UrNovel. UrNovel reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with its product and the Services.
Notwithstanding any provision to the contrary herein, you also acknowledge and agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual items appearing, whether purchased from UrNovel, or any other attributes associated with an Account or stored on the Services.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and will forever be owned by and inure to the benefit of UrNovel.
“User Content” means any communications, images and sounds and all the material, data and information that you upload or transmit through the Services, or that other users upload or transmit, including, without limitation, any forum postings and chat text. You hereby grant to UrNovel and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such User Content as well as all modified and derivative works thereof, without compensation to you. UrNovel will not have any liability or responsibility for any user behavior or for monitoring User Content or inappropriate conduct in the Services. UrNovel does not screen or monitor User Content submitted on the Services. The users of the Services bear all risk associated with its use, including, but not limited to, exposure to offensive and indecent content.
Though it is not obligated to, UrNovel reserves the right in its sole discretion to monitor, prohibit, review, edit, delete or disable access to or make unavailable any User Content without notice for any reason or for no reason at any time for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. By accepting the Terms of Services, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including, without limitation, chat text or voice communications.
UrNovel provides fun pages, forums, blogs and chat features in the Services, in which users can post information. Users may post topics of interest, general information, comments and sometimes even personal information in these mediums. You understand that UrNovel is not responsible for any information posted in the Services or whether others will view your information, comments and topics in the same light. Please do not submit, upload, write or transmit any information in the Services you deem to be confidential. UrNovel does not and will not bear any responsibility or liability of the use of any such information. Furthermore, no compensation will be provided for any ideas, schemes or uses of any information provided in these mediums.
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. UrNovel reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with UrNovel to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting UrNovel access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and UrNovel’ officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You may purchase with “real world” money a limited, non-transferable, non-sub-licensable, revocable license to use (a) “virtual currency,” including but not limited to virtual cash, in-app coins and all other kinds of in-app monies, all for use in the app; (b) virtual in-app items (virtual currency and virtual in-app items referred to collectively as “Virtual Items”); (c) other goods or services (“Merchandise”) within the Services for your personal and non-commercial entertainment. You are only allowed to purchase Virtual Items from UrNovel or its authorized partners through the Services, not in any other way.
You understand that UrNovel has the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to them at any time and for any reason, with or without notice. UrNovel shall have no liability to you or any Third Party in the event that UrNovel exercises any such rights. You have no claim, right, title, proprietary or ownership interest in any of the Virtual Items regardless of any consideration paid for those virtual items.
Except when explicitly authorized by UrNovel, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; (iii) UrNovel does not recognize any such purported transfers of Virtual Items or the purported sale, gift or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of these Terms of Services and will result in an automatic termination of your rights to use the Virtual Items and may result in termination of your Account. All Virtual Items are forfeited if your Account is terminated or suspended for any reason, or if UrNovel discontinues providing the Services.
You agree and undertake that you will not assert or bring any claim against UrNovel, its affiliates, directors, officers, employees, agents or licensors relating to (i) a claim that you own any Virtual Items; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your account or modification, termination or expiration of these terms.
All sales through the Service are final. You acknowledge and agree that any applicable fees and other charges (including, without limitation, virtual items) are not refundable in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges. UrNovel does not issue any refunds or offer any exchanges of any products purchased on or through the Services.
IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED VIRTUAL ITEMS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
UrNovel may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the app or any products sold through the Services. The inclusion of any products through the Services at a particular time does not imply or warrant that these products will be available at any other time. All such changes will be effective immediately upon posting of such new product prices to the Services.
In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorise the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the App Store Provider directly.
You can write to us at support@urnovel.com for guidance on refunds.
You acknowledge and agree that UrNovel may update the Services and the app you have installed on your computer or mobile device with or without notifying you.
The Services may include links to third-party services that may be made available to you via the Services. The third-party services may include, but are not limited to, recording and sharing, social media connectivity and the like. You acknowledge and agree that third-party services are subject to respective third-party terms and conditions. Please read these third-party terms and conditions because they constitute an agreement between you and the applicable third-party service provider.
UrNovel welcomes feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@urnovel.com or by posting your Feedback on “Customer Review” on the app-store pages. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to UrNovel to copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
WITHOUT LIMITING UrNovel’ LIABILITY UNDER SECTION LIMITATION OF LIABILITY BELOW, THE SERVICEs are PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. UrNovel DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
To the maximum extent permitted by law, UrNovel SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICES OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UrNovel HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UrNovel SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO UrNovel IN ACCORDANCE WITH THESE TERMS OF SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO UrNovel DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND UrNovel’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH UrNovel IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of these disclaimers and limitations may not apply to you. To the extent that UrNovel may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of UrNovel’ liability shall be the minimum permitted under such applicable law. In particular, nothing in these Terms of Services shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any fraud of UrNovel.
You agree to indemnify, defend and hold UrNovel harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this Terms of Services. UrNovel reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify UrNovel, and you agree to cooperate with UrNovel defense of these claims. UrNovel will make reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.
If a dispute arises between you and UrNovel, UrNovel strongly encourages you to first contact UrNovel directly to seek a resolution by opening a help ticket via the help section or contact UrNovel at support@urnovel.com.
You and UrNovel can only bring a claim against each other on an individual basis. BY AGREEING TO THESE TERMS OF SERVICES, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY BRING CLAIMS AGAINST UrNovel IN YOUR INDIVIDUAL CAPACITY.
That means:
If any portion of these Terms of Services or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
UrNovel may assign or delegate these Terms of Services and/or the Privacy Policy, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Services or Privacy Policy without UrNovel prior written consent, and any unauthorized assignment and delegation by you is ineffective.
UrNovel may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Services.
The Terms of Services and Privacy Policy contain the entire understanding of you and UrNovel and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
The failure of UrNovel to require or enforce strict performance by you of any provision of these Terms of Services or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of UrNovel right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by UrNovel of any provision, condition or requirement of these Terms of Services or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in these Terms of Services, no representations, statements, consents, waivers or other acts or omissions by UrNovel shall be deemed a modification of these Terms of Services nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of UrNovel.
You acknowledge that the rights granted and obligations made under these Terms of Services to UrNovel are of a unique and irreplaceable nature, the loss of which shall irreparably harm UrNovel and that cannot be replaced by monetary damages alone, so that UrNovel shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any), limited by Sections 5.2 and 11.
UrNovel shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond UrNovel control such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
You agree that your use of the Services does not constitute any joint venture, partnership, employment or agency relationship between you and UrNovel as a result of this Agreement.
UrNovel may notify you via postings on app-store pages, on Social Networking Sites and via e-mail or any other communication means using contact information you provide to us. All notices given by you or required from you under these Terms of Services or the Privacy Policy will include your full name and a detailed description of why you are contacting UrNovel.